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(영문) 청주지방법원 영동지원 2017.09.14 2017고단69
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for three months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 26, 2017, the Defendant driving a motor bicycle under the influence of alcohol level of 0.065% while under the influence of alcohol level of 0.065%, without obtaining a motor device bicycle license from the “low restaurant” at around 16:43, the 695-11, the 12-lane, Young-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the 12-lane in the calculation of the same Gun.

2. On April 29, 2017, the Defendant: (a) operated a motor device bicycle under paragraph (1) without obtaining a bicycle license for a motor device within approximately 1km section from his own house in the Chungcheongbuk-gun C around 07:30 to the same military account; (b) 2:32, from the head of his house in the Chungcheongbuk-gun C to the same military account; (c)

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and the driver's license register;

1. Application of Chapter 2 Acts and subordinate statutes to the following printed materials;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (unlicensed driving)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving) by a person on January 26, 2017, and a crime of violating the Road Traffic Act with heavier punishment).

3. Determination of a fine for a crime of violating the traffic laws at the option of a punishment shall be sentenced to imprisonment, and a fine shall be sentenced to a crime of violating the traffic laws at the option of such punishment;

4. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

6. Article 62 (1) of the Criminal Act on the suspension of the execution of imprisonment;

7. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

8. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] of the Criminal Procedure Act / [Article 334(1) of the Criminal Procedure Act / Even though the Defendant had been already punished several times for the same kind of crime (three times of drinking driving and seven times of driving without obtaining a license], the Defendant again committed the instant crime.

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